NRS 306.015 Contents
and filing of notice of intent to circulate petition for recall; penalty for
failure to submit timely petition; procedure for removing name from petition;
person who signs notice of intent or petition immune from civil liability for
certain conduct.

NRS 306.017 Employment
of independent legal counsel to provide advice concerning recall of public
officer who is legal adviser.

NRS 306.020 Public
officers subject to recall from office; contents of petition for recall.

1. The Secretary of State shall prepare an
informational pamphlet describing the requirements for filing and circulating a
petition to recall a public officer pursuant to this chapter. The pamphlet must
include:

(b) A copy of chapter 306
of NRS and any regulations adopted pursuant to that chapter;

(c) A copy of all other relevant provisions of
NRS;

(d) A sample petition to demonstrate an
acceptable format for such a petition; and

(e) Such other information as the Secretary of
State deems necessary.

2. A copy of the pamphlet must be
distributed to any person who requests such information upon payment of any
applicable fee. The Secretary of State may charge a fee for the pamphlet which
must not exceed the cost of preparing and printing the pamphlet.

NRS 306.015Contents and filing of notice of intent to circulate petition
for recall; penalty for failure to submit timely petition; procedure for
removing name from petition; person who signs notice of intent or petition
immune from civil liability for certain conduct.

1. Before a petition to recall a public
officer is circulated, the persons proposing to circulate the petition must
file a notice of intent with the filing officer.

2. The notice of intent:

(a) Must be signed by three registered voters who
actually voted in this State or in the county, district or municipality
electing the officer at the last preceding general election.

(b) Must be signed before a person authorized by
law to administer oaths that the statements and signatures contained in the
notice are true.

(c) Is valid until the date on which the call for
a special election is issued, as set forth in NRS
306.040.

3. The petition may consist of more than
one document. The persons filing the notice of intent shall submit the petition
that was circulated for signatures to the filing officer within 90 days after
the date on which the notice of intent was filed. The filing officer shall
immediately submit the petition to the county clerk for verification pursuant
to NRS 306.035. Any person who fails to submit the
petition to the filing officer as required by this subsection is guilty of a
misdemeanor. Copies of the petition are not valid for any subsequent petition.

4. The county clerk shall, upon completing
the verification of the signatures on the petition, file the petition with the
filing officer.

5. Any person who signs a petition to
recall any public officer may request that the county clerk remove the person’s
name from the petition by submitting a request in writing to the county clerk
at any time before the petition is submitted for the verification of the
signatures thereon pursuant to NRS 306.035.

6. A person who signs a notice of intent
pursuant to subsection 1 or a petition to recall a public officer is immune
from civil liability for conduct related to the exercise of the person’s right
to participate in the recall of a public officer.

7. As used in this section, “filing
officer” means the officer with whom the public officer to be recalled filed
his or her declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.

NRS 306.017Employment of independent legal counsel to provide advice
concerning recall of public officer who is legal adviser.If a notice of intent to circulate a petition
to recall any public officer who is a legal adviser for the State or for a
county, district or municipality is filed, the officer with whom the notice is
filed may employ independent legal counsel to provide advice concerning the
recall, at the expense of the State or the county, district or municipality
electing that public officer.

NRS 306.020Public officers subject to recall from office; contents of
petition for recall.

1. Every public officer in the State of
Nevada is subject to recall from office by the registered voters of the State
or of the county, district or municipality that the public officer represents,
as provided in this chapter and Section
9 of Article 2 of the Constitution of the State of Nevada. A public officer
who is appointed to an elective office is subject to recall in the same manner
as provided for an officer who is elected to that office.

2. The petition to recall a public officer
may be signed by any registered voter of the State or of the county, district,
municipality or portion thereof that the public officer represents, regardless
of whether the registered voter cast a ballot in the election at which the
public officer was elected.

3. The petition must, in addition to
setting forth the reason why the recall is demanded:

(a) Contain the residence addresses of the
signers and the date that the petition was signed;

(b) Contain a statement of the minimum number of
signatures necessary to the validity of the petition;

(c) Contain at the top of each page and
immediately above the signature line, in at least 10-point bold type, the words
“Recall Petition”;

(d) Include the date that a notice of intent was
filed; and

(e) Have the designation: “Signatures of
registered voters seeking the recall of ................ (name of public
officer for whom recall is sought)” on each page if the petition contains more
than one page.

NRS 306.030Petition for recall may consist of number of copies;
verification.

1. The petition may consist of any number
of copies which are identical in form with the original, except for the name of
the county and the signatures and addresses of the residences of the signers.
The pages of the petition with the signatures and of any copy must be
consecutively numbered. Each page must bear the name of a county, and only
registered voters of that county may sign the page.

2. Every copy must be verified by the
circulator thereof, who shall swear or affirm, before a person authorized by
law to administer oaths, that the statements and signatures contained in the
petition are true to the best of the circulator’s knowledge and belief. The
verification must also contain a statement of the number of signatures being
verified by the circulator.

NRS 306.035Signatures must be submitted to county clerk for verification
before petition for recall may be filed.

1. Before a petition to recall a state
officer who is elected statewide is filed with the Secretary of State pursuant
to subsection 4 of NRS 306.015, each county clerk
must verify, pursuant to NRS 293.1276
to 293.1279, inclusive, the document
or documents which were circulated for signature within the clerk’s county.

2. Before a petition to recall a State
Senator, Assemblyman, Assemblywoman or a county, district or municipal officer
is filed pursuant to subsection 4 of NRS 306.015,
the county clerk must verify, pursuant to NRS
293.1276 to 293.1279, inclusive,
the document or documents which were circulated for signatures within the
clerk’s county.

3. If more than one document was
circulated, all the documents must be submitted to the clerk at the same time.

NRS 306.040Notification that number of signatures is sufficient; striking
of names from petition; call for special election; legal challenge.

1. Upon determining that the number of
signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of
State shall notify the county clerk, the officer with whom the petition is to
be filed pursuant to subsection 4 of NRS 306.015
and the public officer who is the subject of the petition.

2. After the verification of signatures is
complete, but not later than the date a complaint is filed pursuant to
subsection 5 or the date the call for a special election is issued, whichever
is earlier, a person who signs a petition to recall may request the Secretary
of State to strike the person’s name from the petition. If the person
demonstrates good cause therefor and the number of such requests received by
the Secretary of State could affect the sufficiency of the petition, the
Secretary of State shall strike the name of the person from the petition.

3. Not sooner than 10 days nor more than
20 days after the Secretary of State completes the notification required by
subsection 1, if a complaint is not filed pursuant to subsection 5, the officer
with whom the petition is filed shall issue a call for a special election in
the jurisdiction in which the public officer who is the subject of the petition
was elected to determine whether the people will recall the public officer.

4. The call for a special election
pursuant to subsection 3 or 6 must include, without limitation:

(a) The last day on which a person may register
to vote to qualify to vote in the special election;

(b) The last day on which a petition to nominate
other candidates for the office may be filed; and

(c) Whether any person is entitled to vote in the
special election pursuant to NRS 293.343
to 293.355, inclusive.

5. The legal sufficiency of the petition
may be challenged by filing a complaint in district court not later than 5
days, Saturdays, Sundays and holidays excluded, after the Secretary of State
completes the notification required by subsection 1. All affidavits and
documents in support of the challenge must be filed with the complaint. The
court shall set the matter for hearing not later than 30 days after the
complaint is filed and shall give priority to such a complaint over all other
matters pending with the court, except for criminal proceedings.

6. Upon the conclusion of the hearing, if
the court determines that the petition is sufficient, it shall order the
officer with whom the petition is filed to issue a call for a special election
in the jurisdiction in which the public officer who is the subject of the
petition was elected to determine whether the people will recall the public
officer. If the court determines that the petition is not sufficient, it shall
order the officer with whom the petition is filed to cease any further
proceedings regarding the petition.

NRS 306.060Ballots for recall: Printing of officer’s justification;
printing of reason for demanding recall and officer’s justification on sample
ballot required if mechanical voting system used.

1. If the officer against whom the
petition is filed furnishes no justification of the officer’s course in office,
none need appear on the ballot at the election upon the officer’s recall.

2. Where a mechanical voting system is
used, the reason for demanding the recall of the officer and the officer’s
justification need not be printed on the ballot, but must be printed on sample
ballots, which must be presented to registered voters upon their application to
vote.

1. If there are no other candidates
nominated to be voted for at the special election, there must be printed on the
ballot the name of the officer sought to be recalled, the office which he or she
holds, and the words “For Recall” and “Against Recall.”

2. If there are other candidates nominated
for the office to be voted for at the special election, there must be printed
upon the ballot the name of the officer sought to be recalled, and the office
which he or she holds, and the name or names of such other candidates as may be
nominated to be voted for at the special election, and the words “For Recall”
and “Against Recall” must be omitted.

3. In other respects the ballot must
conform with the requirements of this title.

NRS 306.080Vacancy in office created if no other candidates voted upon in
special election.If any officer
is recalled upon a special election and other candidates are not nominated to
be voted for at the special election, the vacancy thereby created must be
filled in the manner provided by law.

1. A petition to nominate other candidates
for the office must be signed by registered voters of the State, or of the
county, district or municipality holding the election, equal in number to 25
percent of the number of registered voters who voted in the State, or in the
county, district or municipality holding the election at the general election
at which the public officer was elected. Each petition may consist of more than
one document. Each document must bear the name of one county and must not be
signed by a person who is not a registered voter of that county.

2. The nominating petition must be filed,
at least 20 days before the date of the special election, with the officer with
whom the recall petition is filed. Each document of the petition must be
submitted for verification pursuant to NRS
293.1276 to 293.1279, inclusive,
to the county clerk of the county named on the document.

3. Each candidate who is nominated for
office must file an acceptance of candidacy with the appropriate filing officer
and pay the fee required by NRS 293.193
or by the governing body of a city at least 20 days before the date of the
special election.